This electronic document was downloaded from the GPO web site, November 2003,
and is provided for information purposes only. The Code of Federal Regulations,
Title 7, is updated January 1 of each year.
The most current version of the regulations may be found at the
GPO web site.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56]
[Page 56-57]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Definitions
Sec.
56.1 Meaning of words and terms defined.
56.2 Designation of official certificates, memoranda, marks, other
identifications, and devices for purposes of the Agricultural
Marketing Act.
Administration
56.3 Administration.
General
56.4 Basis of grading service.
56.5 Accessibility and condition of product.
56.6 Supervision.
56.8 Other applicable regulations.
56.9 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
Licensed Graders
56.10 Who may be licensed.
56.11 Authorization to perform limited grading services.
[[Page 57]]
56.12 Suspension of license; revocation.
56.13 Cancellation of license.
56.14 Surrender of license.
56.15 Political activity.
56.16 Identification.
56.17 Facilities and equipment for graders.
56.18 Schedule of operation of official plants.
Application for Grading
56.20 Who may obtain grading service.
56.21 How application for service may be made; conditions of service.
56.22 Filing of application.
56.23 Form of application.
56.24 When application may be rejected.
56.25 When application may be withdrawn.
56.26 Authority of applicant.
56.27 Order of service.
Violations
56.30 Report of violations.
Denial of Service
56.31 Debarment.
56.32 Retention authorities.
Identifying and Marking Products
56.35 Authority to use, and approval of official identification.
56.36 Form of grademark and information required.
56.37 Lot marking of officially identified product.
56.38 [Reserved]
Prerequisites to Packaging Shell Eggs Identified With Consumer
Grademarks
56.39 Quality assurance inspector required.
56.40 Grading requirements of shell eggs identified with consumer
grademarks.
56.41 Check grading officially identified product.
56.42-56.43 [Reserved]
Fees and Charges
56.45 Payment for fees and charges.
56.46 On a fee basis.
56.47 Fees for appeal grading or review of a grader's decision.
56.49 Travel expenses and other charges.
56.52 Continuous grading performed on a resident basis.
56.53 Fees or charges for grading service performed under cooperative
agreement.
56.54 Charges for continuous grading performed on a nonresident basis.
Grading Certificates
56.55 Grading certificates and sampling report forms.
56.56 Grading certificate issuance.
56.57 Disposition of grading certificates.
56.58 Advance information.
Appeal of a Grading or Decision
56.60 Who may request an appeal grading or review of a grader's
decision.
56.61 Where to file an appeal.
56.62 How to file an appeal.
56.63 When an application for an appeal grading may be refused.
56.64 Who shall perform the appeal.
56.65 Procedures for appeal gradings.
56.66 Appeal grading certificates.
Facility Requirements
56.75 Applicability of facility and operating requirements.
56.76 Minimum facility and operating requirements for shell egg grading
and packing plants.
56.77 Health and hygiene of personnel.
Authority: 7 U.S.C. 1621-1627.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.1]
[Page 57-59]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.1 Meaning of words and terms defined.
Definitions
For the purpose of the regulations in this part, words in the
singular shall be deemed to import the plural and vice versa, as the
case may demand, and unless the context otherwise requires, the
following terms shall be construed, respectively, as follows:
Act means the applicable provisions of the Agricultural Marketing
Act of 1946 (60 Stat. 1087; 7 U.S.C. 1621 et seq.), or any other act of
Congress conferring like authority.
Administrator means the Administrator of the Agricultural Marketing
Service of the Department or any other officer or employee of the
Department to whom there has heretofore been delegated, or to whom there
may hereafter be delegated the authority to act in his stead.
Ambient temperature means the air temperature maintained in an egg
storage facility or transport vehicle.
Applicant means an interested party who requests any grading
service, appeal grading, or regrading with respect to any product.
Cage mark means any stain-type mark caused by an egg coming in
contact with a material that imparts a rusty or blackish appearance to
the shell.
[[Page 58]]
Case means, when referring to containers, an egg case, as used in
commercial practice in the United States, holding 30 dozens of shell
eggs.
Chief of the Grading Branch means the Chief of the Poultry Grading
Branch of the Poultry Division, Agricultural Marketing Service.
Class means any subdivision of a product based on essential physical
characteristics that differentiate between major groups of the same
kind, species, or method of processing.
Condition means any condition (including, but not being limited to,
the state of preservation, cleanliness, soundness, wholesomeness, or
fitness for human food) of any product which affects its
merchantability.
Department means the United States Department of Agriculture.
Eggs of current production means shell eggs which have moved through
usual marketing channels since the time they were laid and have not been
held in refrigerated storage in excess of 30 days. "Refrigerator or
storage eggs" means shell eggs which have been held under refrigeration
for a period of more than 30 days.
Grader means any employee of the Department authorized by the
Secretary, or any other person to whom a license has been issued by the
Secretary, to investigate and certify, in accordance with the act and
this part, to shippers of products and other interested parties the
class, quality, quantity, and condition of such products.
Grading or grading service means: (1) The act whereby a grader
determines, according to the regulations in this part, the class,
quality, quantity, or condition of any product by examining each unit
thereof or each unit of the representative sample thereof drawn by a
grader and issues a grading certificate with respect thereto, except
that with respect to grading service performed on a resident basis the
issuance of a grading certificate shall be pursuant to a request
therefor by the applicant or the Service; (2) the act whereby the grader
identifies, according to the regulations in this part, the graded
product; (3) continuous supervision, in an official plant, of the
handling or packaging of any product; and (4) any regrading or any
appeal grading of a previously graded product.
Grading certificate means a statement, either written or printed,
issued by a grader pursuant to the act and this part, relative to the
class, quantity, quality, or condition of products.
Holiday or legal holiday shall mean the legal public holidays
specified by the Congress in paragraph (a) of section 6103, title 5, of
the United States Code.
Interested party means any person financially interested in a
transaction involving any grading, appeal grading, or regrading of any
product.
National supervisor means (1) the officer in charge of the shell egg
grading service of the Agricultural Marketing Service, and (2) such
other employees of the Service as may be designated by him.
Nest run eggs means eggs which are packed as they come from the
production facilities without having been washed, sized and/or candled
for quality, with the exception that some Checks, Dirties, or other
obvious undergrades may have been removed.
Office of grading means the office of any grader.
Official plant means any plant in which the facilities and methods
of operation therein have been found by the Administrator to be suitable
and adequate for grading service in accordance with this part and in
which grading service is carried on.
Origin grading is a grading made on a lot of eggs at a plant where
the eggs are graded and packed.
Person means any individual, partnership, association, business
trust, corporation, or any organized group of persons, whether
incorporated or not.
Potable water means water that has been approved by the State health
authority or agency or laboratory acceptable to the Administrator as
safe for drinking and suitable for food processing.
Product or products means shell eggs of the domesticated chicken.
Quality means the inherent properties of any product which determine
its relative degree of excellence.
Quality assurance inspector means any designated company employee
other
[[Page 59]]
than the plant owner, manager, foreman, or supervisor, authorized by the
Secretary to examine product and to supervise the labeling, dating, and
lotting of officially graded shell eggs and to assure that such product
is packaged under sanitary conditions, graded by authorized personnel,
and maintained under proper inventory control until released by an
employee of the Department.
Regional director means any employee of the Department in charge of
the shell egg grading service in a designated geographical area.
Regulations means the provisions in this part.
Sampling means the act of taking samples of any product for grading.
Secretary means the Secretary of the Department or any other officer
or employee of the Department to whom there has heretofore been
delegated, or to whom there may hereafter be delegated, the authority to
act in his stead.
Service means the Agricultural Marketing Service of the Department.
Shell eggs means shell eggs of domesticated chickens.
Shell protected means eggs which have had a protective covering such
as oil applied to the shell surface. The product used shall be
acceptable to the Food and Drug Administration.
Washed ungraded eggs means eggs which have been washed but not sized
or segregated for quality.
[20 FR 669, Feb. 1, 1955]
Editorial Note: For Federal Register citations affecting Sec. 56.1,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.2]
[Page 59-60]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Pub. L. 272, 84th Congress, provides criminal penalties for
various specified offenses relating to official certificates, memoranda,
marks or other identifications, and devices for making such marks or
identifications, issued or authorized under section 203 of said act, and
certain misrepresentations concerning the grading of agricultural
products under said section. For the purposes of said subsection and the
provisions in this part, the terms listed in this section shall have the
respective meanings specified:
(a) Official certificate means any form of certification, either
written or printed, used under this part to certify with respect to the
sampling, class, grade, quality, size, quantity, or condition of
products (including the compliance of products with applicable
specifications).
(b) Official memorandum means any initial record of findings made by
an authorized person in the process of grading or sampling pursuant to
this part, any processing or plant-operation report made by an
authorized person in connection with grading or sampling under this
part, and any report made by an authorized person of services performed
pursuant to this part.
(c) Official mark means the grademark and any other mark, or any
variations in such marks approved by the Administrator and authorized to
be affixed to any product, or affixed to or printed on the packaging
material of any product, stating that the product was graded, or
indicating the appropriate U.S. grade or condition of the product, or
for the purpose of maintaining the identity of products graded under
this part, including but not limited to, those set forth in Sec. 56.36.
(d) Official identification means any United States (U.S.) standard
designation of class, grade, quality, size, quantity, or condition
specified in this part or any symbol, stamp, label or seal indicating
that the product has been officially graded and/or indicating the class,
grade, quality, size, quantity, or condition of the product approved by
the Administrator and authorized to be affixed to any product, or
affixed to or printed on the packaging material of any product.
(e) Official device means a stamping appliance, branding device,
stencil, printed label, or any other mechanically or manually operated
tool that is approved by the Administrator for the purpose of applying
any official mark
[[Page 60]]
or other identification to any product or the packaging material
thereof.
[28 FR 6341, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Administration
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.3]
[Page 60]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.3 Administration.
(a) The Administrator shall perform, for and under the supervision
of the Secretary, such duties as the Secretary may require in the
enforcement or administration of the provisions of the Act and this
part. The Administrator is authorized to waive for limited periods any
particular provisions of the regulations in this part to permit
experimentation so that new procedures, equipment, and processing
techniques may be tested to facilitate definite improvements and at the
same time to determine full compliance with the spirit and intent of the
regulations in this part. The Agricultural Marketing Service and its
officers and employees shall not be liable in damages through acts of
commission or omission in the administration of this part.
(b) The conduct of all services and the licensing of graders under
these regulations shall be accomplished without discrimination as to
race, color, national origin, religion, age, sex, or disability.
[20 FR 670, Feb. 1, 1955, as amended at 38 FR 26798, Sept. 26, 1973; 42
FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 60 FR
12402, Mar. 7, 1995]
General
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.4]
[Page 60]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.4 Basis of grading service.
(a) Any grading service in accordance with the regulations in this
part shall be for class, quality, quantity, or condition or any
combination thereof. Grading service with respect to the determination
of the quality of products shall be on the basis of the "United States
Standards, Grades, and Weight Classes" as contained in subpart C of
this part. However, grading service may be rendered with respect to
products which are bought and sold on the basis of institutional
contract specifications or specifications of the applicant and such
service, when approved by the Administrator, shall be rendered on the
basis of such specifications. The supervision of packaging shall be in
accordance with such instructions as may be approved or issued by the
Administrator.
(b) Whenever grading service is performed on a representative sample
basis, such sample shall be drawn and consist of not less than the
minimum number of cases as indicated in the following table. A minimum
of one hundred eggs shall be examined per sample case. For lots which
consist of less than 1 case, a minimum of 50 eggs shall be examined. If
the lot consists of less than 50 eggs, all eggs will be examined.
Minimum Number of Cases Comprising a Representative Sample
------------------------------------------------------------------------
Cases in
Cases in lot sample
------------------------------------------------------------------------
1 case....................................................... 1
2 to 10, inclusive........................................... 2
11 to 25, inclusive.......................................... 3
26 to 50, inclusive.......................................... 4
51 to 100, inclusive......................................... 5
101 to 200, inclusive........................................ 8
201 to 300, inclusive........................................ 11
301 to 400, inclusive........................................ 13
401 to 500, inclusive........................................ 14
501 to 600, inclusive........................................ 16
------------------------------------------------------------------------
For each additional 50 cases, or fraction thereof, in excess of 600
cases, one additional case shall be included in the sample.
[20 FR 670, Feb. 1, 1955, as amended at 22 FR 8167, Oct. 16, 1957; 28 FR
6342, June 20, 1963; 42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR
32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31,
1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.5]
[Page 60]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.5 Accessibility and condition of product.
Each product for which grading service is requested shall be so
conditioned and placed as to permit a proper determination of the class,
quality, quantity, or condition of such product.
[20 FR 670, Feb. 1, 1955, as amended at 27 FR 10317, Oct. 23, 1962.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.6]
[Page 60-61]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.6 Supervision.
All grading service shall be subject to supervision at all times by
the applicable State supervisor, regional director and national
supervisor. Such service shall be rendered where the facilities
[[Page 61]]
and conditions are satisfactory for the conduct of the service and the
requisite graders are available. Whenever the supervisor of a grader has
evidence that such grader incorrectly graded a product, such supervisor
shall take such action as is necessary to correct the grading and to
cause any improper grademarks which appear on the product or the
containers thereof to be corrected prior to shipment of the product from
the place of initial grading.
[40 FR 20055, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 43 FR 60138, Dec. 26, 1978. Redesignated at 46 FR 63203,
Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.8]
[Page 61]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.8 Other applicable regulations.
Compliance with the regulations in this part shall not excuse
failure to comply with any other Federal, or any State, or municipal
applicable laws or regulations.
[20 FR 670, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.9]
[Page 61]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.9 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements by the Office of
Management and Budget contained in 7 CFR part 56 pursuant to the
Paperwork Reduction Act of 1980, Pub. L. 96-511.
(b) Display.
------------------------------------------------------------------------
Current OMB
7 CFR section where identified and described control
number
------------------------------------------------------------------------
56.3(a).................................................... 0581-0128
56.4(a).................................................... 0581-0128
56.10(a)................................................... 0581-0128
56.11...................................................... 0581-0128
56.12...................................................... 0581-0128
56.17(b)................................................... 0581-0128
56.18...................................................... 0581-0128
56.21(a)................................................... 0581-0128
56.21(b)................................................... 0581-0128
56.23...................................................... 0581-0128
56.24...................................................... 0581-0128
56.25...................................................... 0581-0128
56.26...................................................... 0581-0128
56.30...................................................... 0581-0128
56.31(a)................................................... 0581-0128
56.35(b)................................................... 0581-0128
56.35(c)................................................... 0581-0128
56.37...................................................... 0581-0128
56.52(a)(1)................................................ 0581-0128
56.52(a)(4)................................................ 0581-0128
56.52(b)(1)................................................ 0581-0128
56.52(b)(3)(ii)............................................ 0581-0128
56.54(b)(1)................................................ 0581-0128
56.54(b)(3)(ii)............................................ 0581-0128
56.56(a)................................................... 0581-0128
56.57...................................................... 0581-0128
56.58...................................................... 0581-0128
56.60...................................................... 0581-0128
56.62...................................................... 0581-0128
56.76(e)(6)................................................ 0581-0128
56.76(g)................................................... 0581-0128
------------------------------------------------------------------------
[48 FR 56565, Dec. 22, 1983, as amended at 52 FR 23935, June 26, 1987]
Licensed Graders
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.10]
[Page 61]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.10 Who may be licensed.
(a) Except as otherwise provided in paragraph (c) of this section,
any person who is a Federal or State employee, the employee of a local
jurisdiction, or the employee of a cooperating agency possessing proper
qualifications as determined by an examination for competency and who is
to perform grading service under this part, may be licensed by the
Secretary as a grader.
(b) All licenses issued by the Secretary shall be countersigned by
the officer in charge of the poultry grading service of the Agricultural
Marketing Service or any other designated officer of such Service.
(c) No person may be licensed to grade or sample any product in
which he is financially interested.
[20 FR 670, Feb. 1, 1955, as amended at 28 FR 6342, June 20, 1963; 37 FR
12918, June 30, 1972. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.11]
[Page 61-62]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.11 Authorization to perform limited grading services.
Any person who is employed by any official plant and possesses
proper qualifications, as determined by the Administrator, may be
authorized to candle and grade eggs on the basis of the "U.S. Standards
for Quality of Individual Shell Eggs," with respect to eggs purchased
from producers or eggs to be packaged with official identification. In
addition, such authorization may be granted to any qualified person to
act as a "quality assurance inspector" in the packaging and grade
labeling of products. No person to whom
[[Page 62]]
such authorization is granted shall have authority to issue any grading
certificates, grading memoranda, or other official documents; and all
eggs which are graded by any such person shall thereafter be check
graded by a grader.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.12]
[Page 62]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.12 Suspension of license; revocation.
Pending final action by the Secretary, any person authorized to
countersign a license to perform grading service may, whenever he deems
such action necessary to assure that any grading service is properly
performed, suspend any license to perform grading service issued
pursuant to this part, by giving notice of such suspension to the
respective licensee, accompanied by a statement of the reasons therefor.
Within 7 days after the receipt of the aforesaid notice and statement of
reasons, the licensee may file an appeal in writing, with the Secretary,
supported by any argument or evidence that he may wish to offer as to
why his license should not be further suspended or revoked. After the
expiration of the aforesaid 7-day period and consideration of such
argument and evidence, the Secretary will take such action as he deems
appropriate with respect to such suspension or revocation. When no
appeal is filed within the prescribed 7 days, the license to perform
grading service is revoked.
[35 FR 19327, Dec. 22, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.13]
[Page 62]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.13 Cancellation of license.
Upon termination of his services as a grader, each licensee shall
surrender his license immediately for cancellation.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.14]
[Page 62]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.14 Surrender of license.
Each license which is canceled, suspended, or has expired shall
immediately be surrendered by the licensee to the office of grading
serving the area in which he is located.
[31 FR 2773, Feb. 16, 1966. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.15]
[Page 62]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.15 Political activity.
All graders are forbidden during the period of their respective
appointments or licenses, to take an active part in political management
or in political campaigns. Political activity in city, county, State, or
national elections, whether primary or regular, or in behalf of any
party or candidate, or any measure to be voted upon, is prohibited. This
applies to all appointees, including, but not being limited to,
temporary and cooperative employees, and employees on leave of absence
with or without pay. Willful violation of this section will constitute
grounds for dismissal in the case of appointees and revocation of
licenses in the case of licensees.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.16]
[Page 62]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.16 Identification.
All graders shall each have in possession at all times, and present
upon request, while on duty, the means of identification furnished by
the Department to such person.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.17]
[Page 62-63]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.17 Facilities and equipment for graders.
Facilities and equipment to be furnished by the applicant for use of
graders in performing service on a resident basis shall include (when
deemed necessary) the following:
(a)(1) An accurate metal stem thermometer;
(2) Electronic digital-display scales graduated in increments of \1/
10\-ounce or less for weighing individual eggs and test weights for
calibrating such scales. Plants packing product based on metric weight
must provide scales graduated in increments of 1-gram or less;
(3) Electronic digital-display scales graduated in increments of \1/
4\-ounce or
[[Page 63]]
less for weighing the lightest and heaviest consumer packages packed in
the plant and test weights for calibrating such scales;
(4) Scales graduated in increments of \1/4\-pound or less for
weighing shipping containers and test weights for calibrating such
scales;
(5) An acceptable candling light.
(b) Furnished office space, a desk and file or storage cabinets
(equipped with a satisfactory locking device), suitable for the security
and storage of official stamps and supplies, and other facilities and
equipment as may otherwise be required. Such space and equipment must
meet the approval of the National supervisor.
[32 FR 8230, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39570, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 12402, Mar. 7, 1995; 63 FR 13330,
Mar. 19, 1998]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.18]
[Page 63]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.18 Schedule of operation of official plants.
Grading operating schedules for services performed pursuant to
Secs. 56.52 and 56.54 shall be requested in writing and be approved by
the Administrator. Normal operating schedules for a full week consist of
a continuous 8-hour period per day (excluding not to exceed 1 hour for
lunch), 5 consecutive days per week, within the administrative workweek,
Sunday through Saturday, for each shift required. Less than 8-hour
schedules may be requested and will be approved if a grader is
available. Clock hours of daily operations need not be specified in the
request, although as a condition of continued approval, the hours of
operation shall be reasonably uniform from day to day. Graders are to be
notified by management 1 day in advance of any change in the hours
grading service is requested.
[48 FR 20683, May 9, 1983]
Application for Grading
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.20]
[Page 63]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.20 Who may obtain grading service.
An application for grading service may be made by any interested
person, including, but not being limited to, the United States, any
State, county, municipality, or common carrier, and any authorized agent
of the foregoing.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.21]
[Page 63]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.21 How application for service may be made; conditions of service.
(a) Noncontinuous grading service on a fee basis. An application for
any noncontinuous grading service on a fee basis may be made in any
office of grading, or with any grader at or nearest the place where the
service is desired. Such application may be made orally (in person or by
telephone), in writing, or by telegraph. If the application for grading
service is made orally, the office of grading or the grader with whom
such application is made, or the Administrator, may require that the
application be confirmed in writing.
(b) Continuous grading service on a resident basis or continuous
grading service on a nonresident basis. An application for continuous
grading service on a resident basis or for continuous grading service on
a nonresident basis must be made in writing on forms approved by the
Administrator and filed with the Administrator. Such forms may be
obtained at the national, regional, or State grading office. In making
application, the applicant agrees to comply with the terms and
conditions of the regulations (including, but not being limited to, such
instructions governing grading of products as may be issued from time to
time by the Administrator). No member of or Delegate to Congress or
Resident Commissioner shall be admitted to any benefit that may arise
from such service unless derived through service rendered a corporation
for its general benefit.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.22]
[Page 63]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.22 Filing of application.
An application for grading or sampling of a specified lot of any
product shall be regarded as filed only when made pursuant to this part.
[28 FR 6342, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[[Page 64]]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.23]
[Page 64]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.23 Form of application.
Each application for grading or sampling a specified lot of any
product shall include such information as may be required by the
Administrator in regard to the product and the premises where such
product is to be graded or sampled.
[28 FR 6342, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.24]
[Page 64]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.24 When application may be rejected.
An application for grading service may be rejected by the
Administrator (a) whenever the applicant fails to meet the requirements
of the regulations prescribing the conditions under which the service is
made available; (b) whenever the product is owned by or located on the
premises of a person currently denied the benefits of the act; (c) where
any individual holding office or a responsible position with or having a
substantial financial interest or share in the applicant is currently
denied the benefits of the act or was responsible in whole or in part
for the current denial of the benefits of the act to any person; (d)
where the Administrator determines that the application is an attempt on
the part of a person currently denied the benefits of the act to obtain
grading services; (e) whenever the applicant fails to bring the plant
facilities, and operating procedures into compliance with the
regulations within a reasonable period of time; (f) notwithstanding any
prior approval whenever, before inauguration of service, the applicant
fails to fulfill commitments concerning the inauguration of the service;
(g) when it appears that to perform the services specified in this part
would not be to the best interests of the public welfare or of the
Government; or (h) when it appears to the Administrator that prior
commitments of the Department necessitate rejection of the application.
Each such applicant shall be promptly notified by registered mail of the
reasons for the rejection. A written petition for reconsideration of
such rejection may be filed by the applicant with the Administrator if
postmarked or delivered within 10 days after the receipt of notice of
the rejection. Such petition shall state specifically the errors alleged
to have been made by the Administrator in rejecting the application.
Within 20 days following the receipt of such a petition for
reconsideration, the Administrator shall approve the application or
notify the applicant by registered mail of the reasons for the rejection
thereof.
[28 FR 6342, June 20, 1963, as amended at 42 FR 2970, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.25]
[Page 64]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.25 When application may be withdrawn.
An application for grading service may be withdrawn by the applicant
at any time before the service is performed upon payment, by the
applicant, of all expenses incurred by the Service in connection with
such application.
[20 FR 671, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.26]
[Page 64]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.26 Authority of applicant.
Proof of the authority of any person applying for any grading
service may be required at the discretion of the Administrator.
[20 FR 671, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.27]
[Page 64]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.27 Order of service.
Grading service shall be performed, insofar as practicable, in the
order in which applications therefor are made except that precedence may
be given to any application for an appeal grading.
[20 FR 671, Feb. 1, 1955; 20 FR 757, Feb. 4, 1955, as amended at 42 FR
2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and
further redesignated at 46 FR 63203, Dec. 31, 1981]
Violations
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.30]
[Page 64-65]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.30 Report of violations.
Each grader, shall report in the manner prescribed by the
Administrator, all violations and noncompliances
[[Page 65]]
under the Act and this part of which such grader, has knowledge.
[42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Denial of Service
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.31]
[Page 65]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.31 Debarment.
(a) The following acts or practices or the causing thereof may be
deemed sufficient cause for the debarment by the Administrator, of any
person, including any agents, officers, subsidiaries or affiliates of
such person, from all benefits of the act for a specific period. The
rules of practice governing withdrawal of grading services in formal
adjudicatory proceedings instituted by the Secretary (7 CFR, part 1,
subpart H) shall be applicable to such debarment action.
(1) Misrepresentation, deceptive, or fraudulent act or practice. Any
willful misrepresentation or any deceptive or fraudulent act or practice
found to be made or committed by any person in connection with:
(i) The making or filing of an application for any grading service
or appeal service;
(ii) The making of the product accessible for sampling or grading;
(iii) The making, issuing, or using or attempting to issue or use
any grading certificate, symbol, stamp, label, seal, or identification
authorized pursuant to the regulations in this part;
(iv) The use of the terms "United States" or "U.S." in
conjunction with the grade of the product;
(v) The use of any of the aforesaid terms or any official stamp,
symbol, label, seal, or identification in the labeling or advertising of
any product; or
(vi) The use of the terms "Government Graded," "Federal-State
Graded" or terms of similar import in the labeling or advertising of
any product.
(2) Use of facsimile forms. Using or attempting to use a form which
simulates in whole or in part any certificate, symbol, stamp, label,
seal or identification authorized to be issued or used under the
regulations in this part.
(3) Willful violation of the regulations. Any willful violation of
the regulations in this part or the act.
(4) Interfering with a grader or employee of the Service. Any
interference with or obstruction or any attempted interference or
obstruction of or assault upon any grader, licensee, or employee of the
Service in the performance of his duties. The giving or offering,
directly or indirectly, of any money, loan, gift, or anything of value
to an employee of the Service or the making or offering of any
contribution to or in any way supplementing the salary, compensation or
expenses of an employee of the Service or the offering or entering into
a private contract or agreement with an employee of the Service for any
services to be rendered while employed by the Service.
(5) Misleading labeling. The use of the terms "Government Graded",
"Federal-State Graded", or terms of similar import in the labeling or
advertising of any product without stating in the label or advertisement
the U.S. grade of the product as determined by an authorized grader.
(6) Miscellaneous. The existence of any of the conditions set forth
in Sec. 56.24 constituting the basis for the rejection of an application
for grading service.
[20 FR 9895, Dec. 23, 1955, as amended at 28 FR 6343, June 20, 1963; 35
FR 5664, Apr. 8, 1970; 42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR
32514, June 27, 1977, and further redesignated at 43 FR 60138, Dec. 26,
1978, and at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.32]
[Page 65-66]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.32 Retention authorities.
A grader may use retention tags or other devices and methods as
approved by the Administrator for the identification and control of
shell eggs which are not in compliance with the regulations or are held
for further examination and for any equipment, utensils, rooms or
compartments which are found unclean or otherwise in violation of the
regulations. Any such item shall not be released until in compliance
with the regulations and retention identification shall not be removed
by anyone other than a grader.
[35 FR 5664, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[[Page 66]]
Identifying and Marking Products
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.35]
[Page 66]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.35 Authority to use, and approval of official identification.
(a) Authority to use official identification. Authority to
officially identify product graded pursuant to this part is granted only
to applicants who make the services of a grader or quality assurance
inspector available for use in accordance with this part. Packaging
materials bearing official identification marks shall be approved
pursuant to Secs. 56.35 to 56.37, inclusive, and shall be used only for
the purpose for which approved and prescribed by the Administrator. Any
unauthorized use or disposition of approved labels or packaging
materials which bear any official identification may result in
cancellation of the approval and denial of the use of labels or
packaging materials bearing official identification or denial of the
benefits of the Act pursuant to the provisions of Sec. 56.31.
(b) Approval of official identification. No label, container, or
packaging material which bears official identification may contain any
statement that is false or misleading. No label, container, or packaging
material bearing official identification may be printed or prepared for
use until the printers' or other final proof has been approved by the
Administrator in accordance with the regulations in this part, the
Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling
Act, and the regulations promulgated under these acts. The use of
finished labels must be approved as prescribed by the Administrator. A
grader may apply official identification stamps to shipping containers
if they do not bear any statement that is false or misleading. If the
label is printed or otherwise applied directly to the container, the
principal display panels of such container shall for this purpose be
considered as the label. The label shall contain the name, address, and
ZIP Code of the packer or distributor of the product, the name of the
product, a statement of the net contents of the container, and the U.S.
grademark.
(c) Nutritional labeling. Nutrition information must be included
with the labeling on each unit container of consumer packaged shell eggs
in accordance with the provisions of Title 21, Chapter I, Part 101,
Regulations for the Enforcement of the Federal Food, Drug, and Cosmetic
Act and the Fair Packaging and Labeling Act. The nutrition information
included on labels is subject to review by the Food and Drug
Administration prior to approval by the Department.
(d) Refrigeration labeling. All containers bearing official U.S.
Grade AA, A, or B identification shall be labeled to indicate that
refrigeration is required, e.g., "Keep Refrigerated," or words of
similar meaning.
[40 FR 20055, May 8, 1975, as amended at 42 FR 2970, Jan. 14, 1977.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981, as amended at 60 FR 12402, Mar. 7, 1995; 64
FR 56947, Oct. 22, 1999]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.36]
[Page 66-68]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.36 Form of grademark and information required.
(a) Form of official identification symbol and grademark. (1) The
shield set forth in Figure 1 of this section shall be the official
identification symbol for purposes of this part and when used, imitated,
or simulated in any manner in connection with shell eggs, shall be
deemed prima facia to constitute a representation that the product has
been officially graded for the purposes of Sec. 56.2.
(2) Except as otherwise authorized, the grademark permitted to be
used to officially identify USDA consumer-graded shell eggs shall be of
the form and design indicated in Figures 2 through 4 of this section.
The shield shall be of sufficient size so that the printing and other
information contained therein is legible and in approximately the same
proportion as shown in these figures.
(3) The "Produced From" grademark in Figure 5 of this section may
be used to identify products for which there are no official U.S. grade
standards (e.g., pasteurized shell eggs), provided that these products
are approved by the Agency and are prepared from U.S. Consumer Grade AA
or A shell eggs under the continuous supervision of a grader.
(b) Information required on grademark. (1) Except as otherwise
authorized by the Administrator, each grademark
[[Page 67]]
used shall include the letters "USDA" and the U.S. grade of the
product it identifies, such as "A Grade," as shown in Figure 2 of this
section. Such information shall be printed with the shield and the
wording within the shield in contrasting colors in a manner such that
the design is legible and conspicuous on the material upon which it is
printed.
(2) The size or weight class of the product, such as "Large," may
appear within the grademark as shown in Figure 3 of this section. If the
size or weight class is omitted from the grademark, it must appear
prominently on the main panel of the carton.
(3) Except as otherwise authorized, the bands of the shield in
Figure 4 of this section shall be displayed in three colors, with the
color of the top, middle, and bottom bands being blue, white, and red,
respectively.
(4) The "Produced From" grademark in Figure 5 of this section may
be any one of the designs shown in Figures 2 through 4 of this section.
The text outside the shield shall be conspicuous, legible, and in
approximately the same proportion and close proximity to the shield as
shown in Figure 5 of this section.
(5) The plant number of the official plant preceded by the letter
"P" must be shown on each carton or packaging material.
[GRAPHIC] [TIFF OMITTED] TR19MR98.011
[GRAPHIC] [TIFF OMITTED] TR19MR98.012
[GRAPHIC] [TIFF OMITTED] TR19MR98.013
[GRAPHIC] [TIFF OMITTED] TR19MR98.014
[[Page 68]]
[GRAPHIC] [TIFF OMITTED] TR19MR98.015
[63 FR 13330, Mar. 19, 1998]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.37]
[Page 68]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.37 Lot marking of officially identified product.
Each carton identified with the grademarks shown in Sec. 56.36 shall
be legibly lot numbered on either the carton or the consumer package.
The lot number shall be the consecutive day of the year on which the
eggs were packed (e.g., 132), except other lot numbering systems may be
used when submitted in writing and approved by the Administrator.
[35 FR 5664, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39570, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 60 FR 12402, Mar. 7, 1995; 63 FR 13331,
Mar. 19, 1998]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.39]
[Page 68]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.39 Quality assurance inspector required.
The official identification of any graded product as provided in
Secs. 56.35 to 56.41, inclusive, shall be done only under the
supervision of a grader or quality assurance inspector. The grader or
quality assurance inspector shall have supervision over the use and
handling of all material bearing any official identification.
[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39570, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.40]
[Page 68]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.40 Grading requirements of shell eggs identified with consumer grademarks.
(a) Shell eggs to be identified with the grademarks illustrated in
Sec. 56.36 must be individually graded by a grader or by authorized
personnel pursuant to Sec. 56.11 and thereafter check graded by a
grader.
(b) Shell eggs not graded in accordance with paragraph (a) of this
section may be officially graded on a sample basis and the shipping
containers may be identified with grademarks which contain the words
"Sample Graded" and which are approved by the Administrator.
(c) Shell eggs which are to bear the U.S. consumer grademark shall
be packed only from eggs of current production. They shall not possess
any undesirable odors or flavors.
[32 FR 8231, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 39571, Aug. 4, 1981. Redesignated at 46 FR 63203,
Dec. 31, 1981, as amended at 63 FR 13331, Mar. 19, 1998]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.41]
[Page 68]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.41 Check grading officially identified product.
Officially identified shell eggs packed or received in an official
plant may be subject to final check grading prior to their shipment.
Such product found not to be in compliance with the assigned official
grade shall be placed under a retention tag until it is regraded to
comply with the grade assigned or until the official identification is
removed.
[35 FR 5664, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.45]
[Page 68-69]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.45 Payment for fees and charges.
(a) Fees and charges for any grading service shall be paid by the
interested party making the application for such grading service, in
accordance with the applicable provisions of this section and
Secs. 56.46 to 56.54, both inclusive; and, if so required by the grader,
such fees and charges shall be paid in advance.
(b) Fees and charges for any grading service shall, unless otherwise
required
[[Page 69]]
pursuant to paragraph (c) of this section, be paid by check, draft, or
money order payable to the Agricultural Marketing Service and remitted
promptly to the Service.
(c) Fees and charges for any grading service under a cooperative
agreement with any State or person shall be paid in accordance with the
terms of such cooperative agreement.
[33 FR 20004, Dec. 31, 1968 and 42 FR 2971, Jan. 14, 1977. Redesignated
at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203,
Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.46]
[Page 69]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.46 On a fee basis.
(a) Unless otherwise provided in this part, the fees to be charged
and collected for any service performed, in accordance with this part,
on a fee basis shall be based on the applicable rates specified in this
section.
(b) Fees for grading services will be based on the time required to
perform the services. The hourly charge shall be $54.40 and shall
include the time actually required to perform the grading, waiting time,
travel time, and any clerical costs involved in issuing a certificate.
(c) Grading services rendered on Saturdays, Sundays, or legal
holidays shall be charged for at the rate of $62.76 per hour.
Information on legal holidays is available from the Supervisor.
[65 FR 57941, Sept. 27, 2000, as amended at 66 FR 66713, Dec. 31, 2001]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.47]
[Page 69]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.47 Fees for appeal grading or review of a grader's decision.
The cost of an appeal grading or review of a grader's decision shall
be borne by the appellant on a fee basis at rates set forth in
Sec. 56.46, plus any travel and additional expenses. If the appeal
grading or review of a grader's decision discloses that a material error
was made in the original determination, no fee or expenses will be
charged.
[63 FR 52133, Sept. 30, 1998]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.49]
[Page 69]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.49 Travel expenses and other charges.
Charges are to be made to cover the cost of travel and other
expenses incurred by the service in connection with rendering grading
service. Such charges shall include the cost of transportation, per
diem, and any other expenses.
[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977,
as amended at 46 FR 8, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.52]
[Page 69-70]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.52 Continuous grading performed on a resident basis.
Fees to be charged and collected for any grading service, other than
for an appeal grading, on a resident grading basis, shall be those
provided in this section. The fees to be charged for any appeal grading
shall be as provided in Sec. 56.47.
(a) Charges. The charges for the grading of shell eggs shall be paid
by the applicant for the service and shall include items listed in this
section as are applicable. Payment for the full cost of the grading
service rendered to the applicant shall be made by the applicant to
Agricultural Marketing Service, U.S. Department of Agriculture
(hereinafter referred to as "AMS"). Such full costs shall comprise
such of the items listed in this section as are due and included in the
bill or bills covering the period or periods during which the grading
service was rendered. Bills will be rendered by the 10th day following
the end of the period in which the service was rendered and are payable
upon receipt.
(1) An inauguration charge of $310 will be made at the time an
application for service is signed except when the application is
required because of a change in name or ownership. If service is not
installed within 6 months from the date the application is filed, or if
service is inactive due to an approved request for removal of a
grader(s) for a period of 6 months, the application will be considered
terminated, but a new application may be filed at any time. In addition
there will be a charge of $300 if the application is terminated at the
request of the applicant for reasons other than for a change in
location, within 12 months from the date of the inauguration of service.
(2) A charge for the salary and other costs, as specified in this
paragraph, for each grader while assigned to a plant, except that no
charge will be made when the assigned grader is temporarily reassigned
by AMS to perform
[[Page 70]]
grading service for other than the applicant. Base salary rates will be
determined on a national average for all official plants operating in
States under a Federal Trust Fund Agreement where Federal graders, State
graders, or a combination of Federal and State graders are used, by
averaging the salary rates paid to each Federal or State grader assigned
to such plants. Charges to plants are as follows:
(i) For all regular hours of work scheduled and approved as an
established tour of duty for a plant, the regular rate charge will be
made. The regular rate charge will be determined by adding an amount to
the base salary rate to cover the costs to AMS for such items as the
Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.)
for Old Age and Survivor's Benefits under the Social Security System,
retirement benefits, group life insurance, severance pay, sick leave,
annual leave, additional salary and travel costs for relief grading
service, accident payments, certain moving costs, and related servicing
costs.
(ii) All hours worked by an assigned grader or another grader in
excess of the approved tour of duty, or worked on a nonscheduled
workday, or actually worked on a holiday in excess of the tour of duty,
will be considered as overtime. The charge for such overtime will be 150
percent of the grader's base salary rate.
(iii) For work performed on a holiday which is within the
established tour of duty approved for a plant, the added charge will be
the same as the grader's base rate.
(iv) For work performed between 6 p.m. and 6 a.m., night
differential charges (for regular, overtime, or holiday hours worked
during this period) will be at the applicable rates established plus 10
percent of the base rate.
(v) For work performed on Sunday, Sunday differential charges (for
regular, overtime, or holiday hours worked on Sunday) will be at the
applicable rates established plus 25 percent of the base rate.
(vi) For all hours of work performed in a plant without an approved
tour of duty, the charge will be one of the applicable hourly rates in
Sec. 56.46.
(3) A charge at the hourly rates specified in Sec. 56.46, plus
actual travel expenses incurred by AMS for intermediate surveys to firms
without grading service in effect.
(4) An administrative service charge based upon the aggregate number
of 30-dozen cases of all shell eggs handled in the plant per billing
period multiplied by $0.046, except that the minimum charge per billing
period shall be $250 and the maximum charge shall be $2,650. The minimum
charge also applies where an approved application is in effect and no
product is handled.
(b) Other provisions. (1) The applicant shall designate in writing
the employees of the applicant who will be required and authorized to
furnish each grader with such information as may be necessary for the
performance of the grading service.
(2) AMS will provide, as available, an adequate number of graders to
perform the grading service. The number of graders required will be
determined by AMS based on the expected demand for service.
(3) The grading service shall be provided at the designated plant
and shall be continued until the service is suspended, withdrawn, or
terminated by:
(i) Mutual consent;
(ii) Thirty (30) days' written notice, by either the applicant or
AMS specifying the date of suspension, withdrawal, or termination;
(iii) One (1) day's written notice by AMS to the applicant if the
applicant fails to honor any invoice within thirty (30) days after date
of invoice covering the cost of the grading service; or
(iv) Action taken by AMS pursuant to the provisions of Sec. 56.31.
(4) Graders will be required to confine their activities to those
duties necessary in the rendering of grading service and such closely
related activities as may be approved by AMS: Provided, That in no
instance may the graders assume the duties of management.
[34 FR 8232, May 28, 1969]
Editorial Note: For Federal Register citations to Sec. 56.52, see
the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
[[Page 71]]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.53]
[Page 71]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.53 Fees or charges for grading service performed under cooperative agreement.
Fees or charges to be made to an applicant for grading service which
differ from those listed in Secs. 56.45 through 56.54 shall be provided
for by a cooperative agreement.
[36 FR 7894, Apr. 28, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.54]
[Page 71-72]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.54 Charges for continuous grading performed on a nonresident basis.
Fees to be charged and collected for grading service on a
nonresident grading basis, shall be those provided in this section. The
fees to be charged for any appeal grading shall be as provided in
Sec. 56.47.
(a) Charges. The charges for the grading of shell eggs shall be paid
by the applicant for the service and shall include items listed in this
section as are applicable. Payment for the full cost of the grading
service rendered to the applicant shall be made by the applicant to the
Agricultural Marketing Service, U.S. Department of Agriculture
(hereinafter referred to as "AMS"). Such full costs shall comprise
such of the items listed in this section as are due and included in the
bill or bills covering the period or periods during which the grading
service was rendered. Bills will be rendered by the 10th day following
the end of the billing period in which the service was rendered and are
payable upon receipt.
(1) A charge for the salary and other costs, as specified in this
paragraph, for each grader while assigned to a plant, except that no
charge will be made when the assigned grader is temporarily reassigned
by AMS to perform grading service for other than the applicant. Base
salary rates will be determined on a national average for all official
plants operating in States under a Federal Trust Fund Agreement where
Federal graders, State graders, or a combination of Federal and State
graders are used, by averaging the salary rates paid to each Federal or
State grader assigned to such plants. Charges to plants are as follows:
(i) For all regular hours of work scheduled and approved as an
established tour of duty for a plant, the regular rate charge will be
made. The regular rate charge will be determined by adding an amount to
the base salary rate to cover the costs to AMS for such items as the
Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.)
for Old Age and Survivor's Benefits under the Social Security System,
retirement benefits, group life insurance, severance pay, sick leave,
annual leave, additional salary and travel costs for relief grading
service, accident payments, certain moving costs, and related servicing
costs.
(ii) All hours worked by an assigned grader or another grader in
excess of the approved tour of duty, or worked on a nonscheduled
workday, or actually worked on a holiday in excess of the tour of duty,
will be considered as overtime. The charge for such overtime will be 150
percent of the grader's base salary rate.
(iii) For work performed on a holiday which is within the
established tour of duty approved for a plant, the added charge will be
the same as the grader's base rate.
(iv) For work performed between 6 p.m. and 6 a.m., night
differential charges (for regular, overtime, or holiday hours worked
during this period) will be at the applicable rates established plus 10
percent of the base rate.
(v) For work performed on Sunday, Sunday differential charges (for
regular, overtime, or holiday hours worked on Sunday) will be at the
applicable rates established plus 25 percent of the base rate.
(vi) For all hours of work performed in a plant without an approved
tour of duty, the charge will be one of the applicable hourly rates in
Sec. 56.46.
(2) An administrative service charge equal to 25 percent of the
grader's total salary costs. A minimum charge of $260 will be made each
billing period. The minimum charge also applies where an approved
application is in effect and no product is handled.
(b) Other provisions. (1) The applicant shall designate in writing
the employees of the applicant who will be required and authorized to
furnish each grader with such information as may be necessary for the
performance of the grading service.
[[Page 72]]
(2) AMS will provide, as available, an adequate number of graders to
perform the grading service. The number of graders required will be
determined by AMS based on the expected demand for service.
(3) The grading service shall be provided at designated locations
and shall be continued until the service is suspended, withdrawn, or
terminated by:
(i) Mutual consent;
(ii) Thirty (30) days' written notice, by either the applicant or
AMS specifying the date of suspension, withdrawal, or termination;
(iii) One (1) day's written notice by AMS to the applicant if the
applicant fails to honor any invoice within thirty (30) days after date
of invoice covering the cost of the grading service; or
(iv) Action taken by AMS pursuant to the provisions of Sec. 56.31.
(4) Graders will be required to confine their activities to those
duties necessary in the rendering of grading service and such closely
related activities as may be approved by AMS: Provided, That in no
instance may the graders assume the duties of management.
(5) When similar nonresident grading services are furnished to the
same applicant under part 55 or part 70 of this chapter, the charges
listed in this section shall not be repeated.
[35 FR 19327, Dec. 22, 1970]
Editorial Note: For Federal Register citations to Sec. 56.54, see
the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Grading Certificates
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.55]
[Page 72]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.55 Grading certificates and sampling report forms.
Grading certificates and sampling report forms shall be issued on
forms approved by the Administrator.
[20 FR 673, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.56]
[Page 72]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.56 Grading certificate issuance.
(a) Resident grading basis. Certificates will be issued only upon
request therefor by the applicant or the Service. When requested, a
grader shall issue a certificate covering product graded by him. In
addition, a grader may issue a grading certificate covering product
graded in whole or in part by another grader when the grader has
knowledge that the product is eligible for certification based on
personal examination of the product or official grading records.
(b) Other than resident grading. Each grader shall, in person or by
his authorized agent, issue a grading certificate covering each product
graded by him. A grader's name may be signed on a grading certificate by
a person other than the grader, if such person has been designated as
the authorized agent of such grader by the National Supervisor:
Provided, That the certificate is prepared from an official memorandum
of grading signed by the grader: And provided further, That a notarized
power of attorney authorizing such signature has been issued to such
person by the grader and is on file in the office of grading. In such
case, the authorized agent shall sign both his own and the grader's
name, e.g., "John Doe by Richard Roe."
[36 FR 9841, May 29, 1971, as amended at 36 FR 10937, June 5, 1971.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.57]
[Page 72]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.57 Disposition of grading certificates.
The original and a copy of each grading certificate, issued pursuant
to Sec. 56.56, and not to exceed two additional copies thereof if
requested by the applicant prior to issuance, shall, immediately upon
issuance, be delivered or mailed to the applicant or person designated
by him. Other copies shall be filed and retained in accordance with the
disposition schedule for grading program records.
[36 FR 9842, May 29, 1971. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.58]
[Page 72-73]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.58 Advance information.
Upon request of an applicant, all or part of the contents of any
grading certificate issued to such applicant may be telephoned or
telegraphed to him, or
[[Page 73]]
to any person designated by him, at his expense.
[20 FR 673, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
Appeal of a Grading or Decision
Source: Sections 56.60 through 56.66 appear at 35 FR 9918, June 17,
1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27,
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.60]
[Page 73]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.60 Who may request an appeal grading or review of a grader's decision.
An appeal grading may be requested by any interested party who is
dissatisfied with the determination by a grader of the class, quality,
quantity, or condition of any product as evidenced by the USDA grademark
and accompanying label, or as stated on a grading certificate and a
review may be requested by the operator of an official plant with
respect to a grader's decision or on any other matter related to grading
in the official plant.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.61]
[Page 73]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.61 Where to file an appeal.
(a) Appeal from resident grader's grading or decision in an official
plant. Any interested party who is not satisfied with the determination
of the class, quality, quantity, or condition of product which was
graded by a grader in an official plant and has not left such plant, and
the operator of any official plant who is not satisfied with a decision
by a grader on any other matter related to grading in such plant may
request an appeal grading or review of the decision by the grader by
filing such request with the grader's immediate supervisor.
(b) All other appeal requests. Any interested party who is not
satisfied with the class, quality, quantity, or condition of product
which has left the official plant where it was graded or which was
graded other than in an official plant may request an appeal grading by
filing such request in the area where the product is located or with the
Chief of the Grading Branch.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.62]
[Page 73]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.62 How to file an appeal.
Any request for an appeal grading or review of a grader's decision
may be made orally or in writing. If made orally, written confirmation
may be required. The applicant shall clearly state the reasons for
requesting the appeal service and a description of the product, or the
decision which is questioned. If such appeal request is based on the
results stated on an official certificate, the original and all
available copies of the certificate shall be returned to the appeal
grader assigned to make the appeal grading.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.63]
[Page 73]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.63 When an application for an appeal grading may be refused.
When it appears to the official with whom an appeal request is filed
that the reasons given in the request are frivolous or not substantial,
or that the quality or condition of the product has undergone a material
change since the original grading, or that the original lot has changed
in some manner, or the Act or the regulations in this part have not been
complied with, the applicant's request for the appeal grading may be
refused. In such case, the applicant shall be promptly notified of the
reason(s) for such refusal.
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.64]
[Page 73]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.64 Who shall perform the appeal.
(a) An appeal grading or review of a decision requested under
Sec. 56.61(a) shall be made by the grader's immediate supervisor, or by
a licensed grader assigned by the immediate supervisor other than the
grader whose grading or decision is being appealed.
(b) Appeal gradings requested under Sec. 56.61(b) shall be performed
by a grader other than the grader who originally graded the product.
(c) Whenever practical, an appeal grading shall be conducted jointly
by two graders. The assignment of the grader(s) who will make the appeal
grading requested under Sec. 56.61(b) shall be made by the regional
director or the Chief of the Grading Branch.
[35 FR 9918, June 17, 1970, as amended at 40 FR 20056, May 8, 1975.
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at
46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.65]
[Page 73-74]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.65 Procedures for appeal gradings.
(a) When all of the originally graded and identified samples are
available, the appeal sample shall consist of such
[[Page 74]]
samples plus an equal number of samples.
(b) When the original samples are not available, the appeal sample
size for the lot shall consist of double the samples required in
Sec. 56.4(b).
(c) Shell eggs shall not have been moved from the original place of
grading and must have been maintained under adequate refrigeration and
humidity conditions.
[35 FR 9918, June 17, 1970. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47
FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.66]
[Page 74]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.66 Appeal grading certificates.
Immediately after an appeal grading is completed, an appeal
certificate shall be issued to show that the original grading was
sustained or was not sustained. Such certificate shall supersede any
previously issued certificate for the product involved and shall clearly
identify the number and date of the superseded certificate. The issuance
of the appeal certificate may be withheld until any previously issued
certificate and all copies have been returned when such action is deemed
necessary to protect the interest of the Government. When the appeal
grader assigns a different grade to the lot, the existing grade mark
shall be changed or obliterated as necessary. When the appeal grader
assigns a different class or quantity designation to the lot, the
labeling shall be corrected.
Facility Requirements
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.75]
[Page 74]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.75 Applicability of facility and operating requirements.
The provisions of Sec. 56.76 shall be applicable to any grading
service that is provided on a resident basis.
[28 FR 6345, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.76]
[Page 74-76]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.76 Minimum facility and operating requirements for shell egg grading and packing plants.
(a) General requirements for buildings and plant facilities. (1)
Buildings shall be of sound construction so as to prevent, insofar as
practicable, the entrance or harboring of vermin.
(2) Grading and packing rooms shall be of sufficient size to permit
installation of necessary equipment and the conduct of grading and
packing in a sanitary manner. These rooms shall be kept reasonably clean
during grading and packing operations and shall be thoroughly cleaned at
the end of each operating day.
(3) Adequate lavatory and toilet accommodations shall be provided.
Toilet and locker rooms shall be maintained in a clean and sanitary
condition. Hot and cold running water shall be provided. Rooms shall be
ventilated to the outside of the building. Signs shall be posted in the
rest rooms instructing employees to wash their hands before returning to
work.
(4) A separate refuse room or a designated area for the accumulation
of trash must be provided in plants which do not have a system for the
daily removal or destruction of such trash.
(5) Wood benches, platforms, etc., in areas which are subjected to
moisture and which develop odors shall be replaced with equipment of
metal construction. Wood walls or partitions which develop odors shall
be replaced with materials impervious to moisture. Newly constructed
plants should be equipped with metal benches, platforms, etc., in areas
which are subjected to moisture.
(b) Grading room requirements. (1) The egg grading or candling area
shall be adequately darkened to make possible the accurate quality
determination of the candled appearance of eggs. There shall be no other
light source or reflections of light that interfere with, or prohibit
the accurate quality determination of eggs in the grading or candling
area.
(2) The grading and candling equipment shall provide adequate light
to facilitate quality determinations. Other light sources and equipment
or facilities shall be provided to permit the detection and removal of
stained and dirty eggs or other undergrade eggs.
(3) Adequate facilities, equipment, and light sources shall be
provided to determine the condition of packing material.
(4) Egg weighing equipment shall be provided. The egg weighing
equipment
[[Page 75]]
shall be constructed to permit cleaning; operation in a clean, sanitary
manner; and shall be capable of ready adjustment.
(5) Adequate ventilation shall be provided.
(c) Cooler room requirements. (1) Cooler rooms shall be refrigerated
and capable of maintaining an ambient temperature no greater than 45
deg.F (7.2 deg.C). Accurate thermometers shall be provided for
monitoring cooler room temperatures.
(2) Cooler rooms shall be free from objectionable odors and from
mold, and shall be maintained in a sanitary condition.
(3) All shell egg coolers shall be equipped with a hygrometer or
portable equipment such as a psychrometer shall be available to
determine the relative humidity. Humidifying equipment capable of
maintaining a relative humidity which will minimize shrinkage shall be
provided.
(d) Shell egg protecting operations. Shell egg protecting (oil
processing) operations shall be conducted in a manner to avoid
contamination of the product and maximize conservation of its quality.
(1) Eggs with excess moisture on the shell shall not be shell
protected.
(2) Oil having any off odor, or that is obviously contaminated,
shall not be used in shell egg protection.
(3) Processing oil that has been previously used and which has
become contaminated shall be filtered and heat treated at 180 deg.F.
for 3 minutes prior to use.
(4) Shell egg processing equipment shall be washed, rinsed, and
treated with a bactericidal agent each time the oil is removed. It is
preferable to filter and heat treat processing oil and clean processing
equipment daily when in use.
(5) Adequate coverage and protection against dust and dirt shall be
provided when the equipment is not in use.
(e) Shell egg cleaning operations. (1) Shell egg cleaning equipment
shall be kept in good repair and shall be cleaned after each day's use
or more frequently, if necessary.
(2) The temperature of the wash water shall be maintained at 90
deg.F. or higher, and shall be at least 20 deg.F. warmer than the
temperature of the eggs to be washed. These temperatures shall be
maintained throughout the cleaning cycle.
(3) An approved cleaning compound shall be used in the wash water.
(The use of metered equipment for dispensing the compound into solution
is recommended.)
(4) Wash water shall be changed approximately every 4 hours or more
often if needed to maintain sanitary conditions, and at the end of each
shift. Remedial measures shall be taken to prevent excess foaming during
the egg washing operation.
(5) Replacement water shall be added continuously to the wash water
of washers. Rinse water, chlorine, or quaternary sanitizing rinse may be
used as part of the replacement water, provided, they are compatible
with the washing compound. Iodine sanitizing rinse may not be used as
part of the replacement water.
(6) Only potable water may be used to wash eggs. Each official plant
shall submit certification to the national office stating that their
water supply is potable. An analysis of the iron content of the water
supply, stated in parts per million, is also required. When the iron
content exceeds 2 parts per million, equipment shall be provided to
correct the excess iron content. Frequency of testing shall be
determined by the Administrator. When the water source is changed, new
tests are required.
(7) Waste water from the egg washing operation shall be piped
directly to drains.
(8) The washing and drying operation shall be continuous and shall
be completed as rapidly as possible. Eggs shall not be allowed to stand
or soak in water. Immersion-type washers shall not be used.
(9) Prewetting shell eggs prior to washing may be accomplished by
spraying a continuous flow of water over the eggs in a manner which
permits the water to drain away or other methods which may be approved
by the Administrator. The temperature of the water shall be the same as
prescribed in this section.
(10) Washed eggs shall be spray-rinsed with water having a
temperature equal
[[Page 76]]
to, or warmer than, the temperature of the wash water and contain an
approved sanitizer of not less than 50 p/m nor more than 200 p/m of
available chlorine or its equivalent. Alternate procedures, in lieu of a
sanitizer rinse, may be approved by the National Supervisor.
(11) Test kits shall be provided and used to determine the strength
of the sanitizing solution.
(12) During any rest period, eggs shall be removed from the washing
and rinsing area of the egg washer and from the scanning area whenever
there is a buildup of heat.
(13) Washed eggs shall be reasonably dry before cartoning or casing.
(14) When steam or vapors originate from the washing operation, they
shall be continuously and directly removed to the outside of the
building.
(f) Requirements for eggs that are to be officially identified. (1)
Shell eggs that are to be officially identified as U.S. Grade AA, A, or
B shall be placed under refrigeration at an ambient temperature no
greater than 45 deg.F (7.2 deg.C) promptly after packaging. Shell eggs
officially identified as U.S. Grade AA, A, or B, when shipped between
official plants, shall be transported at an ambient temperature no
greater than 45 deg.F (7.2 deg.C).
(2) Every reasonable precaution shall be exercised to prevent
"sweating" of eggs.
(3) Eggs that are to be officially identified as U.S. Grade AA, A,
or B shall be packaged only in new or good used cases and packing
materials. Cases and packing materials must be reasonably clean, free of
mold, mustiness, and off odors, and must be of sufficient strength and
durability to adequately protect the eggs during normal distribution.
(g) The following substances used in the plant shall be approved and
handled in accordance with the manufacturer's instructions: Pesticides,
insecticides, rodenticides, cleaning compounds, destaining compounds,
foam control compounds, sanitizers, and inks and oils coming into
contact with the product.
[20 FR 674, Feb. 1, 1955, as amended at 22 FR 8168, Oct. 16, 1957; 28 FR
6346, June 20, 1963; 32 FR 8232, June 8, 1967; 35 FR 5664, Apr. 8, 1970;
40 FR 20056, May 8, 1975. Redesignated at 42 FR 32514, June 27, 1977, as
amended at 46 FR 39571, Aug. 4, 1981. Redesignated at 46 FR 63203, Dec.
31, 1981, as amended at 47 FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3,
1982; 60 FR 12402, Mar. 7, 1995; 63 FR 13331, Mar. 19, 1998; 64 FR
56947, Oct. 22, 1999]
[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR56.77]
[Page 76]
TITLE 7--AGRICULTURE
CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
PART 56--VOLUNTARY GRADING OF SHELL EGGS--Table of Contents
Subpart A--Grading of Shell Eggs
Sec. 56.77 Health and hygiene of personnel.
(a) No person known to be affected by a communicable or infectious
disease shall be permitted to come in contact with the product.
(b) Plant personnel coming into contact with the product shall wear
clean clothing.
[32 FR 8232, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977,
and further redesignated at 46 FR 63203, Dec. 31, 1981]
